The Trial of IIhan Comak in Istanbul

Today the final trial of the former University Student, Ilhan Comak, takes
place. He was only 20 years old when arrested 22 years ago. Ilhan is from
Izmir, but because he was arrested, charged with membership of a terrorist
organisation, when studying here in Istanbul in 1994, all the numerous trials
in which his lawyers have tried in vain to get his acquittal and release have
been held here.

There are crowds of people gathering outside the court and in the
adjoining cafe, hoping to gain entrance, including his parents and other family
members, friends, MPs, and many lawyers, wearing their black silk gowns with
their stiff red collars.

For Ilhan’s case is a dramatic one – so many years held in detention, he
is now 41. He has lost his youth, and if today’s verdict goes against him he
will stay in prison for up to another 10 years.

According to his lawyers there is not a shred of evidence to prove he has
ever been “a member of a terrorist organisation”, or that he carried out acts
under orders of the PKK. Ilhan states he signed confessions under
torture. This afternoon, at last, the verdict will be given. Everyone is
nervous, dreading the worst.

Margaret Owen wiht Ilhan's parents

To my joy, in the cafe, I find my colleague and friend, the much admired,
indefatigable and brilliant young lawyer, Ramazan Demir, of the Association of
Lawyers for Freedom (OHD). His arrest and detention early this year was
distressing. We international lawyers have always relied on his help whenever
we have come to Turkey to observe the lawyers’ trials.

Ramazan Demir was released, on conditions, last month, after spending 156
days in prison, charged with “denigrating Turkey, by taking cases to the
ECHR…and having contacts with foreign associations”. He described to me
the grim conditions in the overcrowded prison, where he was held in solitary
confinement for the first 11 days. I learnt that under the State of
Emergency all lawyers have been ordered by the Ministry of Justice not to take
on cases involving terrorist charges. As since the failed coup, there has
been an unprecedented increase in such charges, those arrested will find it
nearly impossible to get even an iota of justice. Also, only lawyers who
are not awaiting prosecution are entitled to work professionally. Many lawyers
are now forcibly unemployed.

While waiting for the Court police to let us enter the building, I am
acutely aware that there are no journalists among us, in spite of the
importance of this trial. For Ilhan Comak is a famous figure, he has
published 4 volumes of poetry, and a documentary film has been made about his
life. His family are greatly respected and his long imprisonment including
torture and abuse is a cause that Kurdish activists have campaigned about for
years.

Yesterday, the government shut down another 200 media outlets, newspapers,
and independent TV channels. I realise that my blogs are essential to fill
the gap for I am the only independent international observer. I wish I had
more time and space to fill the lacuna in information about these trials

Ilhan, in Kiriklar prison in Izmir, will not be here in court. Instead, we
will see him on video. His parents tell me that, on the last 10 hour car
journey to Istanbul, he was handcuffed, given no food or water, and was so
dehydrated on arrival that he could not understand what was going on.

At last, 90 minutes late, the trial begins. Four defence lawyers take it
in turn to address the judge, and his two co-judges. They go through the
history of the case, the torture, the lack of any evidence, the fabrications
and fictions contained within the indictment. Another 24 lawyers for
Ilhan are also present, ready to make their arguments if the judge will allow
them.

The principal four lawyers angrily rebuked the judge for his failure to
comply with the ECtHR order, made in 2008, for a retrial that was
independent of the first trial. ” In a retrial, the previous verdicts should be
ignored. This trial is a photo-copy of the earlier ones, even those held by a
military tribunal”. One lawyer appealed saying ” I am speaking to your
conscience. This defendant has already been in jail for 22 years. You have
stolen his life. When you decide, think with your conscience”. Another attacked
the judge and judiciary generally: ” You judges are prejudiced, it is apparent
in your attitude to Ilhan Comak”. Another lawyer said the trial was Kafkaesque.

Only when the judge refused to allow other lawyers to present their
arguments, because “you four lawyers have talked long enough” did real fury
erupt. ” You cannot stop us talking ” some shouted.

After a 15-minute break, the verdict came. No change of verdict. No
acquittal. The judge turned his head towards the video where we could make out
the small figure of Ilhan Comak saying “God help you in the rest of your
imprisonment”

Outside in the square the people, angry, gathered, made speeches, carried
banners bearing Ilhan’s picture. There is misery and disgust. But the lawyers
tell me they expected this result. “There is no independent judiciary. There is
no justice. We need international support now in our struggle for the Rule of
Law and for democracy. We do not even have freedom of thought anymore, nor of
speech. Neither do we have freedom of assembly or freedom of the press. Help
us”. So I too made a short speech.

Margaret joins other people gathered in the square

Later we had a long meeting at the offices of the TCPS (Turkey’s
Centre for Prison Studies). Several of the people gathered round the
table had spent months or even years in prison, arrested when they were
students. Mustafa Eren, was in prison for 11 years, and was released in his
early 30s. He managed to return to university, obtain his degree and then a
PH.D in sociology. But we heard shocking stories of torture and abuse of
detainees. And especially of the brutal degrading treatment of women prisoners.
Although there are, in theory, mechanisms for prisoners to report ill-treatment
and torture, either the reports get “lost” and never reach Ministry of Justice
officials who should receive them; or, those alleged to have inflicted acts of
torture have a ready defence – that the prisoner was attacking them, or the
allegation was malicious. Many prisoners dare not report these violations.

Margaret speaks with a female MP and a Kurdish writer

Since June this year, at least 400 students have been detained, but the
number could be far higher. Every week all over the country, students and high
school children are being picked up under the anti-terror law. There are
no outside observers to these trials. The rights of vast numbers of young
people are being violated and the world is silent. Those meeting us this night
begged for me to break the silence, and persuade more people to come and
observe these trials, not just in Istanbul, but across Turkey.

The TCPS asks that we circulate their monthly reports on student arrests
and detention and help them to gather international support.

Tomorrow a Press Conference will be held followed by the trial of two more
students, one being Helic Turk.